Guides

The Intellectual Property Offices of the European Trade Mark and Design Network continue to collaborate in the context of the Convergence Programme. They have now agreed on an additional Common Practice with regard to the use of trade marks in a form differing from the one registered with the aim of identifying general principles for assessing when the use of a trade mark in a form differing from the one registered alters its distinctive character and to provide guidance in this respect.

This Common Practice is made public through this Common Communication with the purpose of further increasing transparency, legal certainty, and predictability for the benefit of examiners and users alike. The scope of the Common Practice is the assessment of the types of changes that can occur in the sign when used in a form differing from the one registered, namely when elements are added, omitted, modified or when these changes appear in combination.

The implementation date for Cyprus is 15/01/2021.